Legal Clinic

  • Questions on release and transfer

    My company hired me from my home country 2 years ago, do I have the right to apply for a release?

    Name withheld

    Answer: No, the Kuwait Labour Law doesn’t clothe you with that right as you are enjoined to work three years for the company before you can ask for a release. If however, the company has no objection to leaving them after two years, then you can go ahead and file for a release and it will be granted.

    I am from India but now in Kuwait. I have one big problem, please can you give me suggestion. I came to Kuwait 3 years 6 months ago. I have completed 3 years but the company is refusing to release me. How can I get release from my company?

    Name withheld

    Answer: The company has no right to deny your transfer request and if it insists on going that path, then we advise that you file a case at the Public Authority for Manpower through the Labour department in your area and it will ensure that a transfer is effected for you to join a company of your choice.

    Kindly go through our archives and refrain from sending us repeated questions
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  • UAE driving license to Kuwaiti driving license

    My Kuwait driving licence was issued in March 2009. The expiry mention in my licence in March 2019. In 2016 I moved to Dubai and now I have a valid UAE driving licence. Now my company wants me to move back to Kuwait. Can I renew my existing licence? If no, can I apply for new licence using my UAE licence, without reappearing any test? Can I drive in Kuwait using UAE licence during visa stamping time?

    Name withheld

    Answer: When you exitted Kuwait in 2016 after cancelling your residence permit, your driving licence also stood cancelled. You can therefore not renew something that you don’t have. Consequently, when you return to Kuwait, you can’t renew your cancelled Kuwaiti driving licence. Applying for a new driving licence in Kuwait on the basis of your UAE licence will depend on your nationality. So you have to check out to see if your country is one of the lucky ones whose citizens can exchange their driving licences with that of Kuwait. As to whether you can drive in Kuwait using your UAE driving licence while waiting for your visa to be stamped. We advise that you seek that information from the Kuwait Traffic Department

    Kindly go through our archives and refrain from sending us repeated questions
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  • Visit visa transfer to Family visa

    I bought my family (wife & 18 month-year-old baby) through visit visa to Kuwait. Please let me know, can I change visit visa to dependent without leaving country? If it possible, what are the documents need to prepare and where I can go to for this? Your earliest reply is really appreciable and helpful.

    Name withheld

    Answer: Under current regulations it is possible to change your family’s visit visa to dependent visa but we must add that it is not a guarantee that it must be done as the immigration department has the final say in making that determination. You need the same documents you used in applying for the visit visa when applying for a change of the visit visa to dependent visa. The processes of applying for the change are all done at the immigration department in your area.

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  • What if I get fired from Job, how can I pay bank loan?

    I am an expat working in Government sector, I took loan in Islamic Bank, the tenure of my loan is 5 years, 1 year passed, remaining 4 years left, I am paying to the bank by EMIs. Now-a-days, In the ministries the government is replacing expats with Kuwaitis. What if, i am fired from the ministry? in such a situation how can I settle the loan and leave the country safely?

    Name withheld
    Answer: Before a bank grants you a loan it takes into consideration how much you earn a month, the number of years of service you have put in and your age at the time you are applying for the loan. If you lose your job at the ministry, you will be paid end of year benefits and from this payment you can settle your loan with the bank and leave the country. The banks are aware of such a situation you described above happening and hence will not give you a loan amount that is above your potential end of service payment.

    Kindly go through our archives and refrain from sending us repeated questions
    Kindly send your queries to [email protected] or [email protected]

  • Increase in Health Insurance?

    Can I know how much to pay for health insurance for children? befor I paid KD 40, I heard from Jan 2020 insurance payment must be KD 100 is it true? ……… we can apply online for the helath insurance?

    Name withheld

    Answer: There is intention to increase the health insurance fees for all expatriates. However, no definitive decision has been taken in that regard and until that is done, the old fees will continue to be charged. Indeed , applying for health insurance and paying the fees are now done online and that is the only method accepted.

    Kindly go through our archives and refrain from sending us repeated questions
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  • Visa transfer from Article 14 to New Company Residence

    My husband’s visa right now is Article 14 visa type. His last date was on January 6. The company where he was working are not giving him release. Due to that he is not able to join any other company. So my question is, as his visa is Article 14 is it allowed to transfer to a new company without the signature of the old company.

    Name withheld

    Answer: Unfortunately visa 14 is issued to enable one not to be classified as an illegal resident while one’s papers are being sorted out or to wind up one’s stay in Kuwait and leave for good. This means that visa 14 is not transferable and hence your husband cannot transfer the visa 14 that he is currently on.

    Granting that your husband is even on visa 18, he can only effect the necessary transfer to another company with the permission of the sponsor who however cannot say no if your husband is qualified to ask for such a transfer.

    If your husband is therefore convinced that he is qualified to ask for a visa transfer and is being denied by the sponsor, then he can file a complaint at the Public Authority for Manpower through the Labor Department in his area to seek redress.

    Kindly go through our archives and refrain from sending us repeated questions
    Kindly send your queries to [email protected] or [email protected]

  • Procedures and documents required to acquire driving license in Kuwait

    I’m working in Kuwait for the last seven plus years and my salary is above KD 750 and my designation is Instrument Supervisor in KNPC. I have a Bachelor’s degree i.e., BSc in Physics, my query is can I apply for a driving licence in Kuwait. If yes what are the procedures to that.

    Name withheld

    Answer: Yes, you meet all the requirements to apply for a Kuwait driving licence, but before that you should first obtain a learner’s licence and pass the driving test. The documents to be submitted include the following:

    1. Original and copies of passport and Civil ID
    2. Old driving licence (if any)
    3. Letter of attestation by the company
    4. Passport-size photographs
    5. Typed application form
    6. Eye and blood test
    7. Copy of work permit from the Public Authority for Manpower or letter of employment from the ministry.

    All the above documents should be submitted to the licence section for registration for the driving test along with the stamped application form.

    You then visit the driving test centre at the traffic department to fix a date for the driving test by paying a booking fee.

    Kindly go through our archives and refrain from sending us repeated questions
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  • Clubbing of salaries of Husband and Wife to sponsor child

    I’m from India. My husband is working as phsio at Kuwait for KD 350 salary. And I’m also planning to do same job there. Can we sponsor our kids who are 4 and 2 years old?

    Name withheld

    Answer: No, you cannot, because your husband’s salary of KD 350 is below the KD 500 required to sponsor the kids on dependent visa. In addition clubbing of salaries by husband and wife to attain the required salary amount is no more allowed. The sole responsibility of sponsorship has been shifted to the man who must meet the salary benchmark. We must however point out that workers under some professions are exempted from meeting this salary requirement. We therefore advise you to seek clarification from the Immigration Department to ascertain if physios are among the professions exempted

    Kindly go through our archives and refrain from sending us repeated questions
    Kindly send your queries to [email protected] or [email protected]

  • Designation for driving license

    I need advice to apply for a driving licence. My current designation is salesman, my salary is KD 600 in my work permit. I have done bachelor’s degree, I have attested the degree certificate, my new company designation is Massnell purchases. Am I eligible to apply for a driving licence in Kuwait? People have given me confused answers, they say I am not eligible because of my designation. Your comments in this regard will surely help out with the confusion.

    Name withheld

    Answer: When applying for a driving licence the issue of designation only crops up when you seek exemption from meeting some of the requirements. If you, however, meet these requirements which include minimum of KD 600 monthly salary, university degree, two-year stay in Kuwait upon first entry, your designation is irrelevant.

    Kindly go through our archives and refrain from sending us repeated questions
    Kindly send your queries to [email protected] or [email protected]

  • Release in private sector

    I have been working in the private sector since 2016 under a first sponsor, can I ask for a release from my company and if they refuse shall I go to shoun?

    Name withheld

    Answer: Yes you are qualified to ask for a release since you have fulfilled your obligation under the Kuwait Labor Law by working at least three years for the company. If the company refuse to give you a release, you can file a case against them at the Public Authority for Manpower through the Labour Department in your area to seek redress.

    Kindly go through our archives and refrain from sending us repeated questions
    Kindly send your queries to [email protected] or [email protected]

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